South Africa Case Law

Nkomo and Others v Chaka and Others (010996/2023)

Nkomo and Others v Chaka and Others (010996/2023) [2024] ZAGPPHC 309 (27 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

010996/2023

Judge

R B Mkhabela

The court found that the property was a family home registered to the parties' late father, who died intestate. In terms of the Intestate Succession Act, the surviving children are entitled to inherit the property in equal shares. The first respondent had registered the property solely in her name, excluding the other siblings and their descendants. The court held that the second applicant, as a spouse and not a sibling, was not entitled to be included in the title deed. Similarly, the second respondent, being the child of the first respondent, could not be included while his mother is alive.…

Source excerpt

• Intestate Succession
• Co Ownership
• Title Deed Registration
• Just And Equitable Remedy

Manyifolo v Buffalo City Metropolitan Municipality and Others (702/2021)

Manyifolo v Buffalo City Metropolitan Municipality and Others (702/2021) [2023] ZAECBHC 16 (20 July 2023)

Court

Eastern Cape High Court, Bhisho

Case number

702/2021

Judge

Norman

The High Court dismissed an application to set aside transfer of municipal property to the second respondent, finding the applicant had not proved ownership.

• Alienation Of Land Act
• Title Deed Registration
• Condonation
• Ownership Dispute
• Administrative Action Review
• Property-law

Frantrade Nineteen (Pty) Limited and Others Realty Corporation of South Africa Limited and Others (20400/2018)

Frantrade Nineteen (Pty) Limited and Others Realty Corporation of South Africa Limited and Others (20400/2018) [2019] ZAGPJHC 313 (22 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

20400/2018

Judge

Twala ML

The High Court dismissed an application to remove a restrictive title deed condition, holding the applicants lacked standing under the statute and consent was required.

• Restrictive Conditions
• Personal Servitude
• Title Deed Registration
• Locus Standi
• Removal Of Restrictions
• Restrictive-conditions

Cassim v Munsay and Others (13044/14)

Cassim v Munsay and Others (13044/14) [2015] ZAGPPHC 471 (9 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

13044/14

Judge

Mavundla

High Court eviction case confirming that purchasers at sale in execution obtain title, and a later agreement with the former owner cannot justify occupation.

• Eviction
• Unlawful Occupation
• Title Deed Registration
• Sale In Execution
• Just And Equitable Eviction
• Unlawful-occupation

Motsiri and Another v Sheriff of the High Court and Another (03674/2013)

Motsiri and Another v Sheriff of the High Court and Another (03674/2013) [2013] ZAGPJHC 158 (10 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

03674/2013

Judge

TS Madima

The court held that the applicants failed to establish a legal basis for the interdict sought. The sale in execution and subsequent transfer of the property to the second respondent were not challenged by way of judicial review, and the applicants did not dispute the validity of the sale or the current title deed. The court found that any alleged impropriety in the transfer and registration of the property must be addressed through appropriate legal channels, not in the present proceedings. As all requirements for eviction were satisfied, the interim relief previously granted was discharged a…

Source excerpt

• Eviction Proceedings
• Sale In Execution
• Title Deed Registration
• Interim Interdict

Free Baptist Church v Hephzebah and Others (12497/04)

Free Baptist Church v Hephzebah and Others (12497/04) [2004] ZAGPHC 34 (27 October 2004)

Court

High Courts - Gauteng

Case number

12497/04

Judge

Willis

The court held that a church property registered in 1985 belonged to the applicant, finding the respondents were a breakaway congregation and the title reference was descriptive.

• Ownership Dispute
• Title Deed Registration
• Voluntary Association
• Church Property
• Church-property
• Title-deed-registration